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(영문) 서울남부지방법원 2017.05.19 2016고단3181

무고

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant prepared a written complaint with respect to C to the Seoul Yangcheon Police Station located in Dong-dong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul and submitted its name to the staff in charge who cannot be identified.

On April 28, 2015, at the trial date of the case of violation of the Road Traffic Act (drinking) against the Defendant at Seoul Southern District Court Decision 409, the complaint was prepared by C while the Defendant was working a modern ice truck on the road 51-ro 26-1, Yangcheon-gu, Seoul, under the influence of alcohol, on August 16, 2014, around 05:15, around 26-15, 2014.

A false testimony was made to the effect that cleaning cars caused traffic accidents.

The content or facts to the effect that “A” was placed by the Defendant on August 16, 2014, and around 05:15, at the center of Yangcheon-gu Seoul, 51-ro 26-1, in order to change the parking location on the road while under the influence of alcohol, C was set up and placed.

Since there was a shockion of cleaning vehicles, C was aware that the testimony content of C is not false.

As a result, the defendant made a false accusation for the purpose of having C receive criminal punishment.

Summary of Evidence

1. Recording of C’s statement in the fourth public trial protocol;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Protocol of examination of witness to C (Seoul Southern District Court 2014 High Court 3557 High Court case);

1. A letter of complaint filed by the defendant;

1. Photographs, etc. of damaged vehicles;

1. A investigation report (Attachment to a judgment on A) (the defendant did not have any accident involving a collision of vehicles at the time;

I think that there was no intention to make a complaint, and therefore I think that there was no intention to do so.

The criminal intent in the crime of false accusation is not necessarily required to be a conclusive intentional but is also sufficient for dolusence. Therefore, the crime of false accusation is established by reporting the fact that the reporting person is not true, and it does not require conviction that such reported fact is false (see Supreme Court Decision 2005Do4642, May 25, 2006, etc.). In addition, the crime of false accusation is established.